Special Review 977 - 4825 Midland Road.This is a special review request to allow the location of an existing all beverage liquor license with gaming, on Block 1, Lot 2A Billings Operation Center Sub., a 33,976 square foot parcel of land located in an Entryway General Commercial (EGC) zone, at 4825 Midland Road. No waiver of the 600-foot separation distance is required. Tax ID: A30490A.  Presented by Karen Husman, Planner I.

The Planning Division recommends conditional approval of the all beverage liquor license and denial of the gaming portion of the license and adoption of the findings of the three criteria (Section 27-1503(C)) for Special Review 977.
 
Special Review applications are reviewed using City Code criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.

OWNER: JJ Ray LLC 
AGENT: Jerry T. Ray
LEGAL DESCRIPTION: Block 1, Lot 2A, Billings, Operation Center Sub
ADDRESS: 4825 Midland Road
CURRENT ZONING: EGC
EXISTING LAND USE: Vacant 
PROPOSED USE: All Beverage with Gaming   
SIZE OF PARCEL: 33,976 square foot

None

SUBJECT PROPERTY	Special Review #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
4825 Midland Rd	none
SURROUNDING PROPERTY	Special Review #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
4907 Southgate Dr.	615	10/14/97	All Bev. Lic with Gaming	yes
Midland sub lt3 blk1	493	6/21/93	All Bev. Lic with Gaming	yes
Midland sub lt5B blk1	533	7/25/94	Patio Lounge	yes
2530 King Ave. W	595	11/12/96	Beer & Wine Lic.	Yes
980 South 24th St. W	787	6/28/05	Patio Lounge	Yes
4910 Southgate Dr.	934 939	11/23/2015 4/26/2016	All Bev. Lic./Gaming Outdoor Patio	Yes Yes

NORTH: Zoning: EGC
Land Use: Vacant
SOUTH: Zoning: Public
Land Use: City Operations Center - Commercial
EAST: Zoning: EGC
Land Use: Warehouse - commercial
WEST: Zoning: EGC
Land Use: Vacant

This is a special review request to allow the location of an All-Beverage Liquor License with Gaming in an Entryway General Commercial (EGC) zone.  The applicant is proposing construction of a new commercial building. He is requesting the special review approval because he would like to have many options with possible tenants occupying the building. At this time the applicant does not have a proposed tenant so it is unknown as to where the proposed license would relocate from.

The application submitted is a request to allow an all beverage license with gaming.  During review of the application under the established criteria for special review it was determined that gaming is not eligible for a special review approval in the EGC district as it is a use prohibited under the zoning regulations (Section 27-1004(b)(3)).  This report will reflect the Planning Division recommendation of approval for an all beverage license with on premise consumption only, and denial of the gaming portion of the application.
 
The City requires a special review any time an existing or new on-premise liquor license is located within the city limits. The City does not control the number of on-premise liquor licenses that may be issued by the state. The City can specify appropriate zoning districts, separation requirements and provide for conditions of approval to mitigate any potential negative effects of the location on an on-premise liquor license.
 
The Planning Division has reviewed this application and is recommending conditional approval for an all beverage license and denial of gaming.  The EGC zoning district was established to promote attractive, high quality development, to provide an appealing image of the City of Billings.  EGC zoning does not allow gaming or bars/taverns, however a restaurant with an all beverage liquor license for on premise consumption would be allowed without gaming (because gaming is prohibited in the EGC district) with a special review approval. 

Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria: 1) The application complies with all parts of the Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Zoning Regulations and the Growth Policy, and 3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts.
 
This application does not conform to the first criteria in so far that the zoning regulations adopted by the City Council have designated that any on-premise liquor license with gaming would not be allowed in an EGC zone because gaming is prohibited in the district and not eligible for a special review. The proposed site plan meets all the requirements of the zoning regulations for setbacks, building height, clear vision areas and lot coverage.
 
The application meets criteria from the second requirement, as it is consistent with objectives of the Growth Policy:
 
Essential Investments:
Infill development and development near existing City infrastructure may be the most cost effective.
 
The development of a vacant parcel in an area close to established commercial areas will be a cost effective project where City infrastructure and some services already exist.
 
Strong Neighborhoods and Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired. Infill development and development near existing City infrastructure may be the most cost effective.
 
The proposed special review will promote infill development of an existing parcel where there are City services and infrastructure near the site. This will provide an additional service to those residents and employees working within the surrounding neighborhoods.
 
Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.
 
This development will allow a new business to be located in a growing area of Billings, creating new jobs. This development will help support and sustain the tax base for Billings.
 
The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in a growing area of Billings, with good access to transportation choices. The area provides access to essential everyday services such as restaurants, retail shopping, heavy equipment and vehicles sales and service, convenience shopping, and services. There are minimal impacts from the proposed use that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.

The Planning Division is recommending denial of the gaming portion of the application and conditional approval for an all beverage liquor license with the following conditions;

1. This special review approval is for an all beverage liquor license that must be attached to a restaurant on Block 1, Lot 2A, Billings Operation Center Sub., a 33,976 square foot parcel of land located in an Entryway General Commercial (EGC) zone, at 4825 Midland Road.
2. The special review approval is for the construction of a 3,500 square foot building for a restaurant with an all beverage license (gaming is prohibited), no other use or development is intended or implied by this approval.
3. The site will be developed in substantial conformance with the submitted site plan including landscaping, parking and building locations.
4. The site will be developed in conformance with all applicable zoning and site development regulations. Any expansion of the proposed building greater than 10 percent of what is shown on the submitted site plan will require an additional special review approval.
5. No construction or demolition activity will occur before 7 am or after 8 pm daily.
6. The site will be limited to 50 square foot maximum signage. There will be no Electronic Message Display (EMD) signs. 
7. LED illumination of the fascia of the structure will not be allowed.
8. The proposed development shall comply with all other limitations of Section 27-613 of the Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.
9. These conditions of special review approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns. 

 
**NOTE**     Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The use and development of the property must be in accordance with the submitted site plan.